Fresno Municipal Code Art. 4.6 Payment of Development Fees and Charges

This article shall be known as the "Development Fee Deferral Ordinance of the City of Fresno." Although this article regulates the payment of fees prescribed by the Zoning Ordinance of the City of Fresno, it shall not be deemed a part thereof. (Added Ord. 95-38, § 11, eff. 6-9-95)

The development of real property within the city creates demands on existing municipal facilities, improvements, and services. Various development fees and charges are imposed upon new development in order to mitigate such demands. Payment of those fees and charges is required at various stages of the development process, including the amendment of applicable land use plans, rezoning, tentative tract map, tentative parcel map, UGM permit, the issuance of special permits, building permits, certificates of occupancy, and similar entitlements. To facilitate the orderly collection and administration of such development fees and charges, this article sets forth the terms and conditions upon which the payment thereof may be deferred and paid simultaneously upon the issuance of a certificate of occupancy for the buildings or structures within such development. (Added Ord. 95-38, § 11, eff. 6-9-95)

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 (commencing with Section 1-201) of Chapter 1 and in Article 1 (commencing with Section 12-101) of Chapter 12 of this Code, shall also govern the construction, meaning, and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Development Entitlement" shall mean a general plan amendment, community plan amendment, specific plan amendment, zone district amendment, a UGM permit, conditional use permit, site plan, tentative tract map, tentative parcel map, building permit, or other permit or entitlement authorizing the development of real property or the construction of a structure thereon.

(c) "Development Fee" shall mean a charge or fee imposed by this code or by council resolution as a condition of the approval or issuance of a development entitlement or the right to connect property to the city water or sewer system, the proceeds of which fee or charge are to be utilized for the acquisition or construction of capital facilities. (Added Ord. 95-38, § 11, eff. 6-9-95)

Whenever a provision of this code or council resolution authorizes the deferred payment of a development fee pursuant to this section, a developer may elect to defer the payment of such fee for any lot or parcel until the issuance by the city of a certificate of occupancy for any building or structure on that lot or parcel by entering into an agreement with the city as follows:

(a) The fee obligation deferred, including fees generated by common areas, outlots, and similar areas within a subdivision or development, shall be prorated to each lot, parcel, unit or building in the manner specified by the Director.

(b) The deferred fee shall be payable at the rate in effect at the time of payment.

(c) The fee shall be payable no later than issuance by the city of a certificate of occupancy for any structure erected on said lot or parcel.

(d) The agreement authorizing deferred payment shall be in a form approved by the city attorney.

(e) The agreement shall be signed by all persons having a record interest in the real property for which the fees are being deferred and shall include a legal description of that property.

(f) The agreement shall provide that the whole or any part of the balance of the charges due may be accelerated and paid at any time at the option of the payor.

(g) The agreement shall constitute a covenant running with the land, shall establish a lien on the property in favor of the city in the amount of the deferred charges, and shall be recorded in the office of the Fresno County Recorder.

(h) The lien for said fee shall be enforceable by the city in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code. (Added Ord. 95-38, § 11, eff. 6-9-95).